Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



REPUBLIC
V.
NLC EX PARTE MANTRAC GHANA LTD

(2016) JELR 107637 (HC)    
High Court  ·  SUIT No. IL/0031/2016 ·  28 Oct 2016 ·  Ghana
CORAM
JUSTICE GIFTY DEKYEM

Ratio Decidendi

Core Terms Beta
jurisdiction
parties
section
arbitrators
court
void judgment
arbitration panel
collective agreement
inter alia
applicant’s counsel
arbitration award
issue of jurisdiction
management workers
participation of the parties
part of the award
1st respondent
agreed remuneration
applicant’s employees
application of the party
arbitration agreement
collective agreement negotiation
creature of statute
employment contract
following paragraphs of the affidavit
high court
industrial disputes
judicial review
justice gifty dekyem
labour act
participation of parties
policy of the employer
prerogative orders
respect of application
set time limits
special circumstances
subject of arbitration
suo motu
supreme court

JUDGMENT

DEKYEM, J.

Applicant is a company authorized to carry on business in Ghana. 1st Respondent  is a creature of statute established under section 135 of the Labour Act, 2003 (Act  651) mandated inter alia to settle industrial disputes. 2nd Respondent is a Labour  Union with some of Applicant’s employees as its members. This judgment is in  respect of application praying the court for an order for judicial review by way of  certiorari to quash an arbitration award on grounds that:

(i) the arbitration panel  exceeded its jurisdiction and

(ii) that the issue of jurisdiction may be raised at  anytime.  

The evidence placed before the court indicate that, following a deadlock at  collective agreement negotiation between 2nd Respondent and Applicant, parties  submitted to voluntary arbitration and consequently opted for a panel of three  arbitrators. Parties were heard and the panel delivered the award. It is against the  award that Applicant articulated its grounds for same to be quashe…

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